Fisheries Subsidies and the WTO

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1 Division of Technology, Industry, and Economics Economics and Trade Branch Fisheries Subsidies and the WTO UPDATE AND INTRODUCTORY BRIEFING FOR NEW DELEGATES 1 April 2009 Anja von Moltke, UNEP

2 United Nations Environment Programme (UNEP) To provide leadership and encourage partnership in caring for the environment by inspiring, informing, and enabling nations and peoples to improve their quality of life without compromising that of future generations. UNEP Nairobi UNEP Geneva

3 UNEP Economics and Trade Branch ETB- Mission Enhance capacities of countries to integrate environmental considerations into economic, trade and financial policies and practices. WWF-Canon/ Jürgen Freund

4 UNEP Activities on Fisheries Subsidies Country Projects to Assess and Reform Subsidies Analytical Work to Support International Negotiations Stakeholder Consultations (national and international level)

5 Importance of Fisheries 40% of world fish production enter trade, half of it originating from developing countries 30 million people derive income from fishing & fishing related activities 95% of this employment is located in the developing world Bénard/Andia.fr/Still Pictures

6 Trends in the Fisheries Sector Most of commercial fish stocks are overexploited and threatened (80%): - 19% overexploited - 52% fully exploited - 8% significantly depleted - 1% recovering FAO (2008)

7 Trends in the Fisheries Sector Most of the stocks of the top ten species, which together account for about 30 percent of world marine capture fisheries production in terms of quantity, are fully exploited or overexploited. FAO (2008)

8 Trends in the Fisheries Sector The loss of potential economic benefits in the global fishery, due to fish stock depletion and over-capacity, is estimated at US$ 50 billion p.a. estimated at US$ 50 billion World Bank, FAO, 2008: The Sunken Billions

9 Fisheries Subsidies Fisheries Subsidies billion USD annually -25% industry revenue Trade Effects Environment Effects

10 Which Fisheries Subsidies Are Harmful? Potentially Harmful Subsidies Fisheries Infrastructure Management Services Access to Foreign Waters Effective Management Over Capacity Full Capacity Less than Full Over Capacity Catch Controls Full Capacity Less than Full Over Capacity Open Access Full Capacity Less than Full NH NH NH H H NH H H NH NH NH NH NH NH NH NH NH NH NH NH NH H H NH H H NH Decommissioning NH NH / PH PH / H PH / Capital Costs NH NH NH H H H H H H Variable Costs NH NH NH H PH PH H H PH Income Supports NH NH NH PH PH PH H H PH UNEP INPUT Price Supports NH NH NH H H PH H H H NH = Not Harmful PH= Possibly or Probably Harmful H = Harmful / = Not Applicable Source: UNEP (2004), Analyzing the Resource Impact of Fisheries Subsidies: A Matrix Approach, Geneva

11 WTO Negotiations on Fisheries Subsidies 1990s: Studies by FAO, UNEP, WWF, World Bank, and others: -> significant level of subsidization in the fisheries sector -> strong links to fisheries depletion

12 WTO Negotiations on Fisheries Subsidies The Doha Ministerial Conference (2001) :...aim to clarify and improve WTO disciplines on fisheries subsidies taking into account the importance of this sector to developing countries.

13 WTO Negotiations on Fisheries Subsidies World Summit on Sustainable Development (2002) :...eliminate subsidies that contribute to illegal, unreported and unregulated fishig and to over-capacity...

14 WTO Negotiations on Fisheries Subsidies Ministerial Declaration after Hong Kong 2005: [ ] strengthen disciplines on subsidies in the fisheries sector, including through the prohibition of certain forms of fisheries subsidies that contribute to overcapacity and over-fishing Appropriate and effective special and differential treatment for developing and least-developed Members Importance of this sector to development priorities, poverty reduction, and livelihood and food security concerns

15 The Chairs Draft Text (November 2007) Prohibition of directly capacity- or effort enhancing subsidies Exemption of several classes of subsidies (e.g. vessel safety) Subjecting permitted subsidies to certain management and fisheries condition Allowing DCs to use prohibited subsidies subject to certain conditions Review mechanism for management criteria Strengthened WTO notification rules on subsidies

16 Natural disaster relief (Art I.1 chapeau) prohibition exemption condition General exceptions Art. II Chair s s text: fisheries subsidies Conditions: fn 77 and Art VI.1 & fn 88 Conditions: fn 77 and Art VI.1 & fn 88 Article I: Prohibition Subject to Art V conditions Subsidies affecting unequivocally overfished stocks (Art I.2) 10 classes of prohibited subsidies (Art I.1) FAO conditions Subject to Art V FAO S&DT Art III.2(b) No conditions No conditions NOT subject to Art V conditions Complete exemption for LDCs (Art III.1) Management measures recommended Art III.2(a) S&DT Artisanal fishing Art III.2(a) S&DT Fisheries accessrelated subsidies Art III.3 Transparency & management conditions Art III.3

17 WTO Negotiations on Fisheries Subsidies December 2008: Fisheries Subsidies The Chair s Roadmap for Discussion 1. Prohibition 2. General Exceptions 3. Special and Differential Treatment 4. General Discipline/Actionability 5. Fisheries Management Conditionality 6. Transparency 7. Dispute Settlement 8. Implementation 9. Transition Rules

18 Key Issues for Remaining Negotiations 1. Scope of the Prohibition Direct subsidies to capital contributing to overcapacity and overfishing! Subsidies to operating costs? Subsidies to infrastructure, processing, marketing, price supports? Set of exceptions?

19 Key Issues for Remaining Negotiations 2. Special and Differential Treatment How can S&DT allow developing countries «room to grow» without raising risks of subsidies contributing to overcapacity or overfishing?

20 Key Issues for Remaining Negotiations 3. Institutional Mechanisms How can institutions like the FAO or RFMOs be involved appropriately in implementing fisheries subsidies rules?

21 Key Issues for Remaining Negotiations 4. Transparency and Enforcement What information should notification rules require? What should be the consequence of nonnotification?

22 Thank You United Nations Environment Programme Division of Technology, Industry and Economics Economics and Trade Branch International Environment House Chemin des Anémones CH-1219 Geneva Tel: UNEP publications are available on the website:

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